(AP) — The Nebraska Court of Appeals says a jury should hear the claims of a mother who sued Union Pacific Railroad and the estate of her ex-husband over the 2007 death of their 15-year-old son in a collision with a train.

Mario Becerra III was killed, along with his father, Mario Becerra Jr., when the car the father was driving drove onto train tracks, despite warning lights and an oncoming train’s horn. The train smashed into the car, sending the car into a concrete signal base. Both the father and son were killed.

Mary Becerra sued the railroad and her ex-husband’s estate.

A Douglas County District Court judge dismissed the lawsuit, but the appeals court on Tuesday said a jury should decide the merits of some of Mary Becerra’s claims.